The High Court set aside the Central Administrative Tribunal's order which granted compassionate appointment without considering the merits. The writ petition was allowed, and the matter was restored for trial on merits.
Setting aside the Tribunal order dated 25 April 2014 and restoring the Original Application for disposal on merits within two months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.04.2017
CORAM:
THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE M.V. MURALIDARAN
W.P. No. 7362 of 2017 and
W.M.P. No. 8024 of 2017
Prayer:- The Writ Petition is filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorari to call for the records of 2nd respondent and quash the order dated 25.04.2016 in O.A. No. 310/01031/2014 as the same is unsustainable.
For Petitioners: Mr. V.P.Sengottuvel For R1 : Mr. R. Malaichamy R2 : Tribunal
O R D E R
K.K.SASIDHARAN,J.
The first respondent challenged the order passed by the second petitioner rejecting his application for compassionate appointment, before the Madras Bench of Central Administrative Tribunal in O.A. No. 310/01031/2014. The Tribunal without even giving time to the petitioners to file a reply affidavit and without quashing the order impugned, directed the competent authority to consider the matter afresh. Feeling aggrieved, the petitioners are before this Court.
Sd/-
Assistant Registrar(CS IV)
//True Copy//
Sub Assistant Registrar
ak/kj
To
The Registrar
Central Administrative Tribunal
Madras Bench,
Chennai- 600 104.
+ 1 cc to Mr.V. P. Sengottuvel, Advocate SR.22911
+ 1 cc to Mr.R. Malaichemy, Advocate SR.22915
W.P. No. 7362 of 2017 and
W.M.P. No. 8024 of 2017
PA(CO)
EU 5.5.17
2 issues framed by the court
Whether the CAT erred in setting aside the rejection of compassionate appointment without considering merits first, and if the High Court acted correctly in restoring the matter for trial.
What was the appropriate relief to grant regarding the impugned Tribunal order dated 25 April 2014?
Union of India
E. Karthikeyan
Central Administrative Tribunal
Director (Staff)
Chief Post Master General
Post Master General Tamil Nadu Circle
K.K.Sasidharan
M.V. Muralidaran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
